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OCTROOIEN | MODELLEN

Design registration or a patent: which do you opt for and when?

Blog model of octrooi wat kies je wanneer_What can a design registration do that a patent can't? The answer: protect the visual appearance of an invention. A patent is a rock-solid way of ensuring that someone else does not copy your invention. But a patent says very little about the appearance of a design. This is where a design registration comes in. In this blog, you will find out how design registration works and when to opt for design protection instead of a patent.

The difference between a patent and a design registration

Let's start with a brief lesson in patent and design law. A patent is a legal text containing claims. Those claims describe the innovation which has to be a technical solution to a technical problem.
A design registration consists mainly of illustrations and images and not so much of text. The illustrations and images determine the scope of protection. They show what makes an item such as a chair or a coffee machine unique in terms of appearance. A design registration ensures that a competitor cannot copy the same design. It is therefore focused on an actual product and not on an idea or concept. 

When do you opt for a design registration?   

A design registration is highly suitable when it is purely the design that makes your innovation special. However, there are a few more reasons for opting for a design registration.

1.    Your invention has already been disclosed
When you have invented something, it has to be novel in order for you to be able to patent it. If you have already disclosed it somewhere, at a trade fair or in a newsletter for your customers, for example, it is no longer novel. You will then no longer be able to patent it. In this case a design registration can still give protection on the design of your innovation. 

2. Lower costs for a longer period
A patent is time-consuming and costly. There are lots of benefits to getting one but cost can be a reason for opting for a design registration. These costs are many times lower than the costs of a patent. And a design registration provides an additional five years of protection - up to twenty-five years instead of the twenty years in the case of a patent. So at a relatively low cost the design is protected for a long time throughout Europe.

3. Your invention is not technical
A patent is subject to the condition that the invention must provide a technical solution. Many inventions do not. These include clothing, packaging, jewellery and home decor. Design registrations are also widely used in the furniture industry. Some pieces of furniture are inspired by well-known brands. The function of a chair, for example, does not change. There is little technical content involved in that, but there may be some new design options. The focus will then be on the additions. These can be protected with a design registration.

Thinking smartly about the design

It sounds very simple, especially compared to a complex document like a patent. All you need to get protection is a couple of images. Yet it is important to think smartly about the illustrations used in the design registration. And that’s exactly what we do at EP&C.

Suppose, for example, that you develop a glass jar with a special design. Then you won't want someone else to market it as a vase. By adopting a smart approach, you can prevent this from happening. This also applies, for instance, if you keep the option open to produce the jar or vase in coloured glass. Here again, by thinking smartly about the design, you prevent someone else from suddenly producing your beautiful jar in all sorts of colours. Furthermore, you can decide to include an optional element. For example, the jar lid. By doing so, you say that the jar can be made with a certain lid but that with a different kind of lid (or even without a lid) it is still falls within the scope of the design registration. 

In summary

In summary, a design registration is a low-cost way of protecting against one-on-one copying and the scope around it. This is because the scope of a design registration includes variations. So a competitor will not get away with just tweaking something minor. An expert in the field of design registrations can help you get the most out of your design protection.

Topics: INNOVATION, PATENTS